Dougherty v. Pittsburgh Railways Co.

Citations

• 213 Pa. 346
• 62 A. 926
• 1906 Pa. LEXIS 480

Syllabus

<p>Practice — Trial—Withdrawal of furor — Misstatement of counsel.</p> <p>Counsel should be held to a strict accountability for language used in addressing the jury, and where willful or reckless misstatements of the evidence are made a juror should be withdrawn or a new trial granted.</p> <p>Such an action is not necessary where counsel in summing up the damages states that a certain sum is admitted, but upon being interrupted, at once corrects himself by saying that what he meant was, that the testimony as to the items was uncontradicted, and this is followed by a statement by the court in the charge that no amount had been admitted, and that the amount spoken of as admitted was the amount claimed.</p> <p>Street railways — Passenger—Evidence—Presumption.</p> <p>Where a passenger on a street railway car is injured by the failure of the brakes to work because of a broken chain, a presumption of negligence arises against the company, and this presumption is not rebutted by proof that the brakes held the car on the previous trip.</p>